Free Motion for Extension of Time to File Response/Reply to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00383-WIG

Document 238

Filed 10/14/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GREGORY T. PRENTISS, : JOHN RIZZI, RICHARD SEICH, : and DOROTHY BROWN each individually : and on behalf of the Wasley Products, Inc. : 401(K) Profit Sharing Plan, and the Wasley : Products, Inc. Retirement Plan and JOHN : M.WIBLYI, individually and on behalf of : the Wasley Products, Inc. Retirement Plan : : Plaintiffs : : v. : : WASLEY PRODUCTS, INC., : ALAN A. WASLEY, ANDREW BRADY, : SANDI DUMAS-LAFERRIERE : BARRY CONNELL, BARRY L. : BULAKITES, JAMES A. WINSLOW, : JOSHUA ADAMS CORPORATION, : THE WASLEY PRODUCTS : RETIREMENT PLAN, NATIONWIDE : LIFE INSURANCE CO., and LINCOLN : NATIONAL LIFE INSURANCE CO., : : Defendants. : CIVIL ACTION NO. 3:03 CV 00383 (MRK)(LEAD)

OCTOBER 13, 2005

PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION FOR PERMISSION TO JOIN ADDITIONAL PARTIES, TO AMEND COMPLAINT AND FOR CERTIFICATION OF DERIVATIVE ACTION UNDER RULE 23.1 Pursuant to Federal Rule of Civil Procedure ("Rule") 15(a), the plaintiffs move for an extension of time through and including November 4, 2005 to file their reply memorandum in support of their for permission to join additional parties, to amend complaint and for certification of derivative action under Rule 23.1. Plaintiffs believe the motion should be granted because: 1. Plaintiffs filed their motion on September 19, 2005.

Case 3:03-cv-00383-WIG

Document 238

Filed 10/14/2005

Page 2 of 3

2. Defendant Nationwide Life Insurance Company of America filed its opposition brief on October 5, 2005. 3. Plaintiffs' reply to Nationwide is due October 19, 2005. 4. Defendant's Wasley Prod Inc, Alan A. Wasley, Andrew Brady, Sandi DumasLaFerriere, Barry Connell, and Lincoln National Life Insurance Co. have all moved for an extension of time in which to respond to Plaintiffs' motion to join, amend and certify under Rule 23.1 until October 21, 2005. Plaintiffs' deadline to file a reply to these defendants' briefs will be November 4, 2005. 5. While plaintiffs' counsel has begun researching and drafting the reply brief, not all of the defendants have responded yet which would result in multiple reply briefs when one brief filed on November 4, 2005 could reply to all defendants. 6. Counsel for Nationwide does not oppose to this motion. WHEREFORE, Plaintiffs request an extension of time, through and including November 4, 2005 in which to file their reply brief.

THE PLAINTIFFS:

By/s/ Thomas G. Moukawsher Thomas G. Moukawsher ct08940 Moukawsher & Walsh, LLC 21 Oak Street Hartford, CT 06106 (860) 278-7000 [email protected] ATTORNEYS FOR PLAINTIFFS

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Case 3:03-cv-00383-WIG

Document 238

Filed 10/14/2005

Page 3 of 3

CERTIFICATION I hereby certify that a copy of the foregoing has been mailed on this date to the defendant at: Theodore J. Tucci, Esq. Jean Elizabeth Tomasco, Esq. Robinson & Cole 280 Trumbull Street Hartford, CT 06103-3597 Joseph V. Meaney, Jr., Esq. Cranmore, Fitzgerald & Meaney 49 Wethersfield Ave. Hartford, CT. 06114-1102 Marissa A. Bellair, Esq. Steven Errante, Esq. Eric P. Smith, Esq. Nancy Fitzpatrick Myers Lynch, Traub, Keefe, and Errante, LLP 52 Trumbull Street P.O. Box 1612 New Haven, CT. 06506-1612 Sara Simeonidis, Esq. Deborah S. Freeman, Esq. Bryan D. Short, Esq. Bringham McCutchen, LLP 1 State Street Hartford, CT 06103-3178 Maurice T. Fitzmaurice Reid & Riege, P.C. One Financial Plaza 755 Main Street, 21st Floor Hartford, CT 06103-3185 James J. Reardon, Jr. Thomas G. Rohback Doug Dubitsky LeBoeuf, Lamb, Greene & MacRae 225 Asylum St. Hartford, CT 06103

Dated this 13th day of October, 2005.

/s/ Thomas G. Moukawsher Thomas G. Moukawsher

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